Regulation On The Sideline Of The Federal Civil Servants, Professional Soldiers And Soldiers On Time

Original Language Title: Verordnung über die Nebentätigkeit der Bundesbeamten, Berufssoldaten und Soldaten auf Zeit

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Regulation on the sideline of the federal civil servants, professional soldiers and soldiers on time (federal secondary regulation - BNV) Baldwin Ausfertigung date: 22.04.1964 full quotation: "federal secondary regulation as amended by the notice of November 12, 1987 (BGBl. I p. 2377), most recently by article 15 paragraph 21 of the law of February 5, 2009 (BGBl. I p. 160) has been changed" stand: Neugefasst by BEK. v. goods I 2377.
As last amended by article 15 paragraph 21 G v. DSDS I 160 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1.7.1978 +++) first section exercise of ancillary activities § 1 (dropped out) - section 2 second jobs in the public service (1) second jobs in the public service is for the Federal Government, a country or other bodies, institutions or foundations under public law in the Federal territory (including the land of Berlin) or associations of such exercised ancillary activity; an ancillary activity for public religious societies or associations is excluded.
(2) 2. intergovernmental or supranational institutions, where a legal person or an association within the meaning of paragraph 1 is involved in half-sentence 1 through the payment of contributions or grants or in any other way is equal to an ancillary activity for 1 associations, institutions or enterprises whose Kapital (primary or capital) is directly or indirectly wholly or mainly in the public sector or maintained continuously wholly or mainly by public funds a second jobs in the public service , 3. natural or legal persons, that half-sentence 1 serves the protection of interests of a legal person or an association within the meaning of paragraph 1.

§ 3 tasks, are performed for the Federal Government or federal authorities, institutions or foundations under public law are admissibility of ancillary activities in the Federal Government in principle to classify in a main office. They should be disallowed as an ancillary, if they relate to the main office in context.

§ 4 remuneration (1) compensation for an ancillary activity is any consideration in money or money value benefits, even though there is no legal entitlement to them.
(2) as remuneration within the meaning of paragraph 1 shall not apply 1 replacement of travel costs and daily subsistence allowance up to the amount of the receipts, which provide travel expenses rules for civil servants at the highest level of travel costs for the full calendar day, or, if in application of these provisions are entitled to a subsidy would, up to the amount of the total amount; the same applies for overnight funds, 2. substitute of other cash expenses, if no farms will be made.
(3) flat-rate allowances are fully, day - and overnight funds in so far, as no. 1 they exceed the amounts referred to in paragraph 2, to be regarded as compensation.

§ 5 General grant, withdrawal of approval (1) which required approval considered for transferring one or more sidelines against compensation generally granted if the sidelines overall low size, be exercised outside the service time and no legal reason of refusal. The scope of one or more sidelines is regarded as low, if the remuneration for this purpose does not exceed a total of 100 euros a month and the temporal stresses imposed by one or more sidelines does not exceed one-fifth of the regular weekly working hours in the week. In these cases, the sideline is to show the superiors, except that it is a one-time, occasional sideline.
(2) a when applicable avocation is authorized to prohibit, if their exercise adversely affects professional interests.
(3) If a permit revoked or a deemed approved sideline or an ancillary exempt activity is prohibited, so a reasonable deadline for the settlement of ancillary activity should be given the officials, as far as the official interests permit this.

§ Is not granted in principle a remuneration 6 remuneration for auxiliary and delivery duty (1) for an ancillary activity for the Federal Government (section 3). Exceptions can be approved for 1 verification activities and writing activities, 2. activities, free of charge to exercise which cannot be expected to the officials.
The officials for the ancillary activity is accordingly relieved, compensation may not be granted.
(2) remuneration referred to in paragraph 1 sentence 2 provided, so in the calendar year a total not to exceed for officials in grades euros (gross) A 1 to A 3,700 8 A 9 to A 4,300 12 A 13 to 16 A, B 1, C 1, C 2 to C 3, R 1 and R 2 4,900 B 2-B-5 , C 4 R 3 r 5 5,500 from B-6, from R 6 6,100.
The remuneration is to degrade within the ceiling amount, and the importance of the secondary. With the exception of day and overnight funds, expenses may not be flat.
(3) a civil servant receives remuneration for one or more secondary activities in the Federal Government or for other activities, the he in the public or him the same service or on request, exerts suggestion or behest of his superiors, he shall deliver them to his employer in the main office in that regard, as they to the activities exercised in a calendar year in paragraph 2 sentence 1 above gross amounts exceed. Prior to the determination of the amount to be delivered are to depose 1 travel costs and accommodation and subsistence expenses incurred in connection with the secondary of the compensation up to the amount in section 4 paragraph 2 No. 1 referred amounts, 2. the use of equipment, personnel or material of the employer (including benefit-sharing), 3 other aid and even procured material.
Prerequisite is that the officer has received no reimbursement for these expenses.
(4) remuneration within the meaning of paragraph 3 are to deliver as soon as they exceed the amount which is to keep the officials.
(5) the obligations meet in that regard pursuant to paragraphs 3 and 4 also retired officials and former officials, as the remuneration of auxiliary exercised prior to the termination of the civil servants are granted.

Section 7 exceptions from article 6 § 6 is with the exception of paragraph 1 not to apply set 3 on fees for 1 teaching, teaching, lecturing or audit activities, 2. activities as judicial or staatsanwaltschaftlicher expert, 3. activities on the field of scientific research, 4. verification activities of doctors, dentists, or veterinarians for insurers or other legal persons of governed by public law, as well as medical, dental or veterinary tasks of those persons , for according to the fee schedules fees are payable, 5. activities carried out during a leave granted under loss of remuneration.

§ 8 settlement regarding the remuneration of auxiliary officers have to submit a statement of the compensation paid to them within the meaning of § 6 at the end of each calendar year their superiors if the remuneration (gross) exceed EUR 500 in the calendar year. In the cases of § 6 5, retired officials and former officials, are required.
Second section use facilities, personnel or material of the service Mr § 9 permit requirements (1) the official requires the prior written consent of his Supreme service authority or the authority designated by it, if he wants to take a secondary facilities, personnel or material of his patron claimed to exercise.
(2) facilities are the neuter resources, in particular the premises and their facilities including equipment and instruments, with the exception of libraries. The consumable stuff and the energy are material.
(3) on the occasion of the participation in the secondary, extra work may be ordered on call or standby, approved and paid. Agreements on a private collaboration outside the service period shall remain unaffected.
(4) the permit may only be issued if a public or scientific interest in the exercise of ancillary activity. The approval can be revoked; She can be temporary. The scope of the permitted use is to specify in the permit notification. Approval may be granted only under the condition that is paid a fee for the use of facilities, personnel or material § 10 para 1 sentence 2 shall remain unaffected.

The official has 10 principles for the calculation of pay (1) for the use of facilities, personnel or material of the employer to pay a reasonable charge. On the payment of a fee can be dispensed with 1 at a free secondary, 2. the ancillary activity is exercised on request, suggestion or behest of superiors or 3 If the amount does not exceed 100 euros in the calendar year.
(2) the amount of the charge depends on the principles of cost recovery and the sharing of benefits.
(3) several officials take facilities, personnel or material of the employer community in claim they are obliged as jointly and severally liable to the payment of the fee.
General remuneration (1) which will pay outside the regulated in § 12 at a flat rate after a percentage of (gross) for the ancillary activity-related remuneration determined by § 11. It is normally 5 per cent for the use of facilities, 10 per cent for the use of staff, 5% for consumption of materials, 10 per cent for the economic advantage through the use of facilities, personnel or material adult.
(2) the Supreme Administrative authority can explain in agreement with the Federal Minister of finance by way of derogation from paragraph 1 fee schedules and other general costs rates unless they cover the incurred costs and compensate for advantages, apply; the same applies to the supervisory authority of the institution of social security as far as the Trade Minister has conferred this power.
(3) the secondary activity free of charge exercised, without that according to § 10 para 1 sentence 2 No. 1 is not a fee, so the rate of pay is calculated according to the value of the use of personnel, facilities or material; the fee for the economic advantage is eliminated.
(4) is demonstrated, that the fee calculated in accordance with the Vomhundertsätzen of paragraph 1 obviously is per cent lower or higher to more than 25 as it corresponds to the value of the claim, it is on its own initiative or at the request of the officials by the value 1 the pro rata cost of the procurement, entertainment and management of used facilities, 2. the prorated cost of unused staff including the personnel costs and the overhead costs , 3. the procurement and proportionate administrative costs for the material, 4 of the economic advantage of the officials (benefit sharing) adults by providing equipment, personnel or material to set. The officials must prove within a period of three months after the determination of pay. The decision is the Supreme authority of service.

§ 12 compensation for medical and dental auxiliary (1) is the charge (reimbursement of costs and benefit-sharing) for medical and dental auxiliary in hospitals and in the Hallstadt facilities of the Bundeswehr to its extent in paragraphs 2 and 3 nothing else is determined or approved. For medical and dental activities in other fields of activity levels of remuneration aimed to the General provisions of section 11 (2) which is measured height of the reimbursement of costs according to the provisions to be adopted by the trade ministers, which must comply with the principles of the cost recovery; for the winners of the social security system, the regulatory powers of the supervisory authority can be transferred. As far as doctors or dentists for that in paragraph 1 sentence 1 is already a activities referred to under legislation of the Federal Government appropriate reimbursement make the principles of cost recovery, reimbursement of the costs is eliminated pursuant to sentence 1 (3) which is benefit-sharing 20 per cent of revenue earned during the calendar year from the sideline up to 100,000 euro deduction remaining the official after after paragraph 2 to rapporteur costs , and 30 per cent of the excess surplus. For a fee waiver, a benefit-sharing is not payable.

§ 13 fixing of pay (1) is the remuneration to be paid by the for the approval pursuant to § 9 para 1 but at least twice a year set after the end of use, responsible or the body designated by it with its calculation. The rate of pay is already missed, at the time of the approval so the fee should be set at the same time with the approval. The fee shall become due one month after the setting, in the case of the set 2 one month after the end of use, but at least twice a year.
(2) the officer is obliged to indicate the end of recourse to the competent pursuant to § 9 para 1 immediately in writing. He has to keep the records necessary for the calculation of pay and with the documents necessary to the Glaubhaftmachung immediately after completion with continuous use at least twice a year to present. These documents included five years, from the days of the determination of pay to, to be kept.
Third section Berlin clause, scope, entry into force of § 14 validity for professional soldiers and soldiers on time this Regulation applies to professional soldiers and soldiers on time accordingly.

§ 15 (dropped out) - article 16 (entry into force)